Justice Scalia and Class Actions: A Loving Critique
21 Pages Posted: 20 Aug 2017
Date Written: August 17, 2017
In this essay, I review Justice Scalia’s class action jurisprudence. Although the Justice was not a consistent vote against class actions, two of his opinions -- interpreting the Federal Arbitration Act -- have done more to hinder class action lawsuits than any Supreme Court opinions before or since. Although I am one of the Justice’s biggest fans, I must admit that it is very hard to square either of these opinions with the text and history of the FAA. Nor am I persuaded that either of these opinions is consistent with the conservative and libertarian free-market principles that he and I shared.
Keywords: Class Actions, Justice Scalia, Arbitration, Conservative, Libertarian
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